Immediately after filing Brady Material – Favorable Evidence to the Defense, the Collin County District Attorney’s office joined in the Defense’s prior motion to recuse the District Attorney. In the filing today, Gregory Davis, the First Assistant District Attorney explains that "[a]s a result of newly discovered evidence set forth…
Today, Gregory Davis, Collin County’s First Assistant District Attorney filed a "State’s Disclosure of Evidence Favorable to the Defendant." This is commonly known as a "Brady Material." Brady material, in short, refers evidence favorable to the defense that is known by the State. The State is required to turn this…
The Short Answer? Admit to doing the exact same thing the people charged did. I have never had a case where a prosecutor has stood in front of a large group and admitted to driving while intoxicated — or any other crime for that matter. But that seems to be exactly…
Yesterday, our firm found ourselves in an odd position. A case of ours was set for trial, and we were ready to go. (That’s not the odd part). The odd part is that although we were willing to waive the jury and allow the judge to make the determination of…
Recently, we had a trial set in which the prosecutors filed some pretrial motions. While not uncommon for the prosecutors to file such motions, one of the items they requested I found quite interesting. The prosecutors filed a "Motion in Limine." A Motion in Limine is the attorney asking the judge…
A couple of weeks ago, I happened to be present in the 429th District Court and saw an individual, Mr. Robert Blackburn trying to plea guilty, but was barred in doing so by the Assistant District Attorney. I didn’t think too much of it at the time, because I have seen the…
I recently posted here of why a DWI "win" is all relative. Especially in light of a tough plea bargain offer that is not much of a "bargain" at all. Shawn Matlock of The Matlock Blog (no, not Andy Griffith with a blue suit), gave another great example of a…
Many of my clients come into my office knowing that they want to fight their DWI case. I’m OK with that. In fact, as I have stated in past blogs, in general, there is very little to lose by going to trial on a DWI 1st case. Despite knowing we…
In a recent blog post by blogger Robert Guest, he posts about some of the techniques taught to prosecutors when cross examining a defendant in a DWI case. These are the same techniques taught to me while working as a prosecutor. He reports from old manuals that he has: Today’s…
I last posted regarding CMI’s refusal to reveal their source code here. Apparently, court orders do not seem to phase this "government contracting" juggernaut. CNET now reports that CMI has missed their deadline for turning over the source code. According to CNET: The next step is a court hearing scheduled…